Incheon Defamation Attorney | Assisting in the Representation of the Client's Criminal Complaint for Defamation and Obtaining a Fine for the Perpetrator

The account the Incheon defamation attorney heard is as follows.

The client had decided to hold a wedding after a courtship with her husband, and was sending mobile wedding invitations to acquaintances.

In the meantime, in the early morning, the client received a threatening text message from the perpetrator stating that ‘they had suffered school violence at the client's hands about 20 years ago, and that if the client did not apologize, they would ruin the wedding.'

No matter how hard the client searched her memory, she had not inflicted school violence on the perpetrator.

The perpetrator created an SNS account, referred to themselves as a victim of school violence, uploaded posts defaming the client along with wedding photographs, followed all of the client's acquaintances, and spread false information.

Accordingly, the client intended to file a criminal complaint for defamation and intimidation, and visited the 🔗Daeryun Incheon office located in Songdo, Incheon to request representation in filing the complaint.

During the consultation with the client, the Incheon defamation attorney explained the statutory provisions and precedents that would be needed if the client were to proceed with the complaint.

🔗Defamation and dissemination of false information is a crime that punishes a person who damages another's reputation.

For this crime to be established, the following requirements must be met.

(1) Publicity : Is it a situation that can be perceived by an unspecified number of people or a small number of people

(2) True or false facts : Whether the facts are true has no bearing on the establishment of defamation. However, the punishment differs depending on whether the facts are true or false.

(3) Identifiability of the victim : Where the reputation of a group itself is damaged, or where reputation is damaged by referring to a nickname or alias, identifiability may become an issue.
(4) Damage to reputation : The conduct must increase negative assessment of a person.

With the intent to slander the client, the perpetrator created an SNS account, followed the client's acquaintances, then posted the client's wedding photographs on the account without authorization and included false information in the posts so that the acquaintances would see it.

The attorney argued that, as a result, the client's reputation was seriously damaged.

The perpetrator repeatedly sent the client text messages stating ‘they would ruin the wedding,' and the attorney argued that the client, who felt fear as a result, suffered severe mental distress, being diagnosed with stress and a gastric ulcer.